International

Covenant on Civil
and Political Rights
Abarico, Marian
Daguman, Gabriela

Human Rights Law
Atty. Kim Cua-Gumabon
Historical Background
In order to make human rights an instrument effectively shaping the
lives of individuals and nations, more than just a political
proclamation was needed.
A general agreement that the substance of the Universal
Declaration should be translated into the hard legal form of an
international treaty was made.
The General Assembly reaffirmed the necessity of complementing,
traditional civil and political rights with economic, social and cultural
rights, since both classes of rights were interconnected and
interdependent.
It was claimed that the implementation process could not be
identical, economic and social rights partaking more of the nature of
goals to be attained whereas civil and political rights had to be
respected strictly and without any reservations.
Resolution 543 (VI) of 4 February 1952
The GA directed the Commission on Human Rights to prepare,
instead of just one Covenant, two draft treaties
A Covenant setting forth civil and political rights
A parallel Covenant providing for economic, social and cultural
rights.
Resolution 2200 (XXI) of 16 December 1966
The two Covenants were adopted by the General Assembly by
consensus, without any abstentions.
The ICCPR comprises all of the traditional human rights as
they are known from historic documents:
The First Ten Amendments to the Constitution of the United
States (1789/1791)
The French Dclaration des droits de lhomme et du
citoyen (1789).
Multilateral treaty adopted by the United Nations General
Assembly
December 16, 1996- adopted resolution 2200 A (XXI)
March 23, 1976- took effect
Monitored by the United Nations Human Rights Committee
Has 74 signatories and 167 parties
Follows the structure of the UDHR and ICESCR
Consists of a preamble and 53 articles which are divided into 6
parts
Purpose: commits its parties to respect the civil and political rights of individuals.
Right to life
Freedom of religion
Freedom of speech
Freedom of assembly
Electoral rights
Rights to due process and fair trial
On 19 Dec 1966, the Philippines signed the convention
and ratified it on 23 Oct 1986
"The Philippine Government, in accordance with article
41 of the said Covenant, recognizes the competence of
the Human Rights Committee set up in the aforesaid
Covenant, to receive and consider communications to
the effect that a State Party claims that another State
Party is not fulfilling its obligations under the Covenant."

Preamble
Recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
In accordance with the Universal Declaration of Human
Rights, the ideal of free human beings enjoying civil and
political freedom and freedom from fear and want can only
be achieved if conditions are created whereby everyone
may enjoy his civil and political rights, as well as his
economic, social and cultural rights,
Responsibility to strive for the promotion and observance
of the rights recognized in the present Covenant
Part I (Article 1)
Right of self-determination which is considered to be the
foundational stone of all human rights
Recognizes the right of all peoples to self-determination
Right of people not to be deprives of its means of
subsistence
Imposes an obligation on those parties still responsible for
non-self governing and trust territories (colonies) to
encourage and respect their self-determination

Part II (Articles 2-5)
A number of general principles that apply across
the board, among them in particular the
prohibition on discrimination
Obliges parties to legislate where necessary to
give effect to the rights recognized in the
Covenant, and to provide an effective legal
remedy for any violation of those rights

Part III (Articles 6-27)
Physical integrity
Procedural fairness in law
Individual liberty
Prohibition of any propaganda for war as well as any
advocacy of national or religious hatred that
constitutes incitement to discrimination, hostility or
violence by law
Political participation
Non-discrimination
Many of these rights include specific actions which must
be undertaken to realise them

Part IV (Articles 28-45)
Monitoring and technical aspects of the covenant
Governs the establishment and operation of the Human Rights
Committee and the reporting and monitoring of the Covenant

Part V (Articles 46-47)
clarifies that the Covenant shall not be interpreted as interfering
with the operation of the United Nations or "the inherent right of
all peoples to enjoy and utilize fully and freely their natural
wealth and resources"

Part VI ( Articles 48-53)
Governs the mechanics of becoming a party from ratification,
entry into force, and amendment of the Covenant
Core Provisions
Rights to physical integrity (art 6 to 8)
Liberty and security of person (art 9, 9.3, 9.4, 10
& 11)
Procedural fairness and rights of the accused
(art 14 to 16)
Individual liberties (art 12-13, 17-24, 27)
Political rights (art 3, 26)
No derogation (art 6, 7, 8 [p. 1 and 2], 11, 15, 16
and 18)
Optional Protocol to
the International
Covenant on Civil
and Political Rights
First Optional Protocol
Application
Establishes an individual complaints mechanism
Signatories : 35
Parties : 115
Adopted by the UN General Assembly: December 16,
1966
Took effect: March 23, 1976
On 19 Dec 1966, the Philippines signed the convention
and ratified it on 22 Aug 1989
As of June 2004, there has been 1,295 complaints filed
Second Optional Protocol to the
International Covenant
on Civil and Political Rights,
aiming at the abolition of the
death penalty
Second Optional Protocol
Death Penalty
Aims to abolish the death penalty
Signatories : 37
Parties : 78
December 15, 1989- date created
July 11, 1991- took effect
On 20 Sep 2006, the Philippines signed the
convention and ratified it on 20 Nov 2007